Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB913 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-4650/1
2	2	JPC:skw&wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 913
5	5	January 4, 2024 - Introduced by Representative WITTKE, cosponsored by Senator
6	6	WANGGAARD. Referred to Committee on State Affairs.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT relating to: expenditure of $8,630,650.62 from the general fund for
9	9	payment of a claim against the state made by Walsh Construction.
10	10	Analysis by the Legislative Reference Bureau
11	11	This bill directs the expenditure of $8,630,650.62 from the general fund in
12	12	payment of a claim against the Department of T ransportation by Walsh
13	13	Construction. The claimant entered into a contract with DOT to perform work on the
14	14	I-94 Freeway North Package Project associated with DOT project 1030-20-84. The
15	15	claimant asserted that the topsoil was significantly thicker than what was shown in
16	16	the contract documents, that several topographical errors in the project plans
17	17	necessitated the purchase of additional fill material, and that these differing site
18	18	conditions comprised an excusable, compensable delay under the contract. The
19	19	claimant asserted that it provided DOT with written notice of the differing site
20	20	conditions and that the Dispute Resolution Board unanimously recommended that
21	21	the claimant receive additional compensation for the differing site conditions and for
22	22	acceleration costs associated with 83 days of delay. DOT agreed to compensate the
23	23	claimant for the direct costs associated with the differing site conditions but refused
24	24	to provide additional compensation for the cost of acceleration, relief from liquidated
25	25	damages and disincentive pay, or additional time to complete the project. DOT
26	26	maintains that there is no language in the contract allowing for acceleration and that
27	27	DOT neither accepted the claimant's claim for acceleration nor directed the claimant
28	28	to accelerate at any stage. DOT asserted that acceleration was unnecessary because
29	29	DOT allowed numerous time and efficiency modifications to the contract. Further,
30	30	DOT disagreed with the Dispute Resolution Board's finding that the claimant was
31	31	1
32	32	2 - 2 -2023 - 2024 Legislature LRB-4650/1
33	33	JPC:skw&wlj
34	34	ASSEMBLY BILL 913
35	35	not barred from seeking acceleration costs due to severe weather and noted that the
36	36	Dispute Resolution Board acknowledged that the contract did not provide time
37	37	extensions for severe weather. DOT maintains that it has met its obligations under
38	38	the contract by compensating the claimant for costs associated with differing site
39	39	conditions and providing appropriate schedule relief. On July 21, 2022, the claims
40	40	board denied the claim because it concluded that the claim raises questions of fact
41	41	regarding whether the claimant was entitled to a contract extension under the
42	42	circumstances that are better evaluated by a court of law. (See 2021 Senate Journal,
43	43	p. 976.)
44	44	For further information see the state fiscal estimate, which will be printed as
45	45	an appendix to this bill.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1.0Claim against the state.
49	49	(1) There is directed to be expended from the appropriation under s. 20.505 (4)
50	50	(d) $8,630,650.62 in payment of a claim against the state brought by Walsh
51	51	Construction Company II, LLC, Chicago, IL 60607, as reimbursement for work
52	52	performed on the department of transportation project 1030-20-84. Acceptance of
53	53	this payment releases this state and its officers, employees, and agents from any
54	54	further liability resulting from work performed by the claimant on department of
55	55	transportation project 1030-20-84.
56	56	(END)
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